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California Wrongful Death Questions & Answers
2 Answers | Asked in Criminal Law, Personal Injury, Legal Malpractice and Wrongful Death for California on
Q: attn, got partial disbursement on his own and they sent me junk 3 party ck that I couldn't cash so I then made a request

for less money to me 35k and 15k to attn. who had said he needed more and he changed my request to get me 50k and him 15k now he has gone thru that and says needs more and I suggested taking some from the final disbursement coming soon but he started the whole SNAFU on his own and surprised me with... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

Your facts are vague and need clarification. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on... View More

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1 Answer | Asked in Wrongful Death for California on
Q: Is there an instance where going through arbitration for a wrongful death claim would be preferable to a lawsuit?
Peter N. Munsing
Peter N. Munsing
answered on Jan 27, 2017

Depnds on the facts. If you had a very tough claim, arbitrators may be more favorable compared with a jury. It depends on who is doing the arbitration. If you don't have an attorney, contact a member of CAOC--they give free consults.

1 Answer | Asked in Wrongful Death for California on
Q: I need medical information for my father's wrongful death claim I'm filing but the doctor won't give me the information

due to patient-physician privilege. Doesn't this end at a patient's death?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 8, 2017

Hopefully your father had a living will re: the person who could access his medical records. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or... View More

2 Answers | Asked in Criminal Law, Estate Planning, Personal Injury and Wrongful Death for California on
Q: Uncle stole money from our grandmother's lawsuit.

My grandmother was struck by a truck that ran a red light, our family sued and was awarded a large amount of money. My brother and I were supposed to receive $41,000 each. We were never aware of the lawsuit or the awarded money until an aunt mentioned it. We were furious and apparently our uncle... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 28, 2016

Assumiong he didn't have an estate opened, the Attorney General's office might be someone to spaek with. If an attorney was involved, the bar association should know. Suggest you find the court papers, make a copy of the docket sheet, look up the entries on the judgment, see if there was... View More

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1 Answer | Asked in Wrongful Death for California on
Q: My husband died due to a dangerous road condition (there was an entire slab of concrete missing from a road and his car

hit it dead-on). If he was wearing a seat belt, driving the speed limit, and otherwise doing everything he was supposed to, is there any way to get around a government's defense of eminent domain?

Peter N. Munsing
Peter N. Munsing
answered on Dec 13, 2016

You are thinking of sovreign immunity. I would suggest you contact a member of CAOC who handles "crashworthiness" cases. They give free consultations. If you need names let me know.

1 Answer | Asked in Wrongful Death for California on
Q: What're the requirements to recover for mental anguish and suffering associated w/ the death of a spouse in California?
Peter N. Munsing
Peter N. Munsing
answered on Nov 21, 2016

You have to show that someone else caused that death through carelessness. You want to contact a member of CAOC--they give free consults. If you were divorced you would no longer have that claim. If separated, the claim is weaker but still there.

1 Answer | Asked in Wrongful Death for California on
Q: My partner of 16 years died on the job. We're not married, but did jointly own a house.

Am I able to file a wrongful death claim even if we're not married?

Peter N. Munsing
Peter N. Munsing
answered on Oct 30, 2016

Generally no, but contact a member of caoc to be sure. Check with your records to see if you had mortgage life insurance.

If he had insurance you may be a beneficiary.

1 Answer | Asked in Personal Injury and Wrongful Death for California on
Q: We just saw a program about Robert Blake. He was sue in civil court and had to pay the victims. OJ lost did did not pay

Why?

Peter N. Munsing
Peter N. Munsing
answered on Sep 15, 2016

Oj's Heisman trophy was sold for $500,000 I believe. His house was under water. He had no assets the family could find.

Blake may or may not be able to pay all the money. He filed for bankruptcy.His victims family may have gotten a bit more but not much.

1 Answer | Asked in Wrongful Death for California on
Q: My sister was killed three weeks ago.shs was in the crosswalk she had rite of way.a 23 yr.old girl struck and killed my

Sister.no how can I find out weather or. Ot my mom filing a suit.and is leaving me out of it

Peter N. Munsing
Peter N. Munsing
answered on Aug 14, 2016

So sorry you have to go through this. Your mom, if she is seeing a lawyer, would be filing a claim for the estate--and that includes you. However understand as a sib your rights are relatively limited, no matter how close you were. This is wrong, but it's the way the law is. You would find out... View More

1 Answer | Asked in Elder Law, Probate and Wrongful Death for California on
Q: Need to contest step-mother's petition for order determining title to my dad's Schwab account as a trust asset.

My dad's 2nd wife is suing for title to my recently deceased father's Schwab account which has over $200k. She says he "intended for the schwab account to be a trust asset." I am looking to see if I have a case or can make a stand saying that my father's intention was for... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 11, 2016

Well, you might want to hire an attorney with that much at stake. However if he wrote a will and left you out, it's very difficult to show undue influence unless he also excluded 2nd wife, all other family members, and even then it's not easy.

Focus on what is.But talk to a...
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1 Answer | Asked in Wrongful Death for California on
Q: my late husband was hospitalized and on fluid restriction -his brother and sister in law repeatedly gave him sodas

dr hollander wanted to know how he became so ill - he was orig admitted for post pitury tumor surgery complicatiion, csf leak after 6 months his heart functiion was down from 35 to 20 ejection fraction - he died Do I have recourse against the soda givers ? One one specific date he was given a big... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2016

Perhaps but if they have no money you will never collect any judgment. Difficult to say that was what did him in also given a compromised situation. Why not get a free consult from a member of www.caoc.org?

1 Answer | Asked in Medical Malpractice and Wrongful Death for California on
Q: Dad had DNR hospital did not follow ended up poking hole in esophagus and my dad drown to death.

Was originally in there for pain mgmt. He had a heart attack which led to cpr . theypoked hole in his esophagus and didn't try to find the bleeding problem for 2 days was on life support for 1 week and once they pulled him off were giving him fluids by mouth and ice cream. The next day woke up... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 23, 2016

Contact a member of the caoc.org who handles medical cases in your area. They give free consultations. Good luck!

1 Answer | Asked in Wrongful Death for California on
Q: My father was killed at work and 4 years later when the trial started my my mom manipulated a dismisal on my behalf

I feel that the law firm and my mom worked in cohence to receive me and any one to have action on loss of life due to a work related injury...all of a sudden during the trial one of the" jurors"???had a change of heart to were suposedly my mom wound up seddling out of court and has lied... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 8, 2016

You need to see what the estate records say. As a child you may have had a right to share in the estate. once you get to look at the papers you need to conact a member of caoc. they give free consultations.

1 Answer | Asked in Public Benefits and Wrongful Death for California on
Q: Im currently on supplemental security income,last june2015 my daughter was killed ,im getting a lump sum.

I dont want to lose my benifets ,how do i go about protecting my small award which is concidered my daughters worth? without losing my benifiets the small amount is from wrongfull death case we just won .

Peter N. Munsing
Peter N. Munsing
answered on Jun 23, 2016

Your lawyer should be able to help you. If it is unfortunately a small amount, usually you work out a "spend down" program with the state --you will have to keep receipts but the items covrered have to be agreed to by the state.

2 Answers | Asked in Wrongful Death for California on
Q: I filed for wrongful death case for my husband and it settled. His estranged daughter got some of the settlement

She was only brought on to notify of this day of mediation when settled. Now I received charges breakdown from my atty. I was told by his assoc that I had to go over, sign if approved and they would then notify the daughter. Then I received an email last night from the lead atty that he had... View More

Adam Studnicki
Adam Studnicki
answered on Jan 13, 2016

Not clear what's going on. Check with your lawyer. If you're not getting straight answers, get a second opinion from someone who can look at the details.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general...
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1 Answer | Asked in Wrongful Death for California on
Q: my brother and his wife died tragically in May in an apartment fire. I paid for their funerals?

their pastor and I tried to see if there was any insurance, we could not locate any except for an insurance that they had taken out early this year. how do I recoup the money paid for the funerals?

Adam Studnicki
Adam Studnicki
answered on Jul 30, 2015

I'm sorry to hear about that. Talk to a local probate lawyer to see if you have claims against their estates.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not...
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1 Answer | Asked in Wrongful Death for California on
Q: Can you sue a ambulance company if the driver says protocol is one way and agency says protocols is the another way

Mom fell in minimal pain. Ambulance refused to take us to the hospital we wanted they said protocol is to take you to nearest hospital. Emailed the agency that writes their protocols and they said it is the patients choice to go where they want unless it's life threating . In result they... View More

Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

I'm sorry for your loss. Best to talk to a CA injury lawyer ASAP who is familiar with medical negligence cases. They can sort through the details and help you determine if there is a viable claim. Don't delay, as there are strict deadlines for making legal claims, and it takes time to... View More

1 Answer | Asked in Wrongful Death for California on
Q: Does a Nevada hospital have a right to a lien in a wrongful death action filed by heirs?
Adam Studnicki
Adam Studnicki
answered on Oct 3, 2015

Lien laws can be tricky. The injury lawyer handling the case should know.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Wrongful Death for California on
Q: My husband committed suicide while incarcerated at santa rita jail, and its been a year already what option do i have,

Brusies on face and hands. Just how the jail went about it was wrong. Im his wife and had no say so at all, from the jail, to The coronors office, to The mortuaty, and the cemetery too.

Adam Studnicki
Adam Studnicki
answered on Jul 21, 2015

Talk to a local personal injury lawyer asap. There are strict deadlines for making legal claims, and those deadlines can be much shorter for claims against public entities and employees.

1 Answer | Asked in Wrongful Death for California on
Q: my 12 year son was misdinose and died in 2010 can I still file a clam
Adam Studnicki
Adam Studnicki
answered on Jul 21, 2015

I'm sorry for your loss. There are strict deadlines for making legal claims. It may be too late, but talk to a CA medical malpractice lawyer ASAP to make sure!

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